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(영문) 창원지방법원마산지원 2015.05.15 2013가단17691
유류분반환청구
Text

1. On January 7, 2014, the Defendant’s share in each of the real estate listed in the separate sheet to the Plaintiffs as to each of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant, as the children of the deceased G (hereinafter “the deceased”), succeeded to 1/6 shares of the property on August 18, 2009.

On October 15, 1944, the deceased solely inherited the property owned by the deceased H(Is) as the family heir.

B. On January 8, 1996, the Deceased completed the registration of transfer of ownership based on the gift made on December 18, 1995 with respect to the land listed in Paragraph 2 of Attached List No. 2 on January 8, 1996, and the land listed in Paragraph 1 of Attached List No. 1 on November 4, 2004 on November 2, 2004, respectively.

Attached Form

On June 29, 1970, the land listed in the list No. 3 was completed on June 29, 1970, and the reason why the registration of ownership preservation was completed in the future of the defendant was agreed to be subject to the return of legal reserve of inheritance

C. The deceased’s inherited property is as follows 2.B.

1) The entry in the table of paragraph 1 is as follows, and there is no inheritance obligation. [based on recognition] The facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 8, 9, 11, 12, 13, 17 (each entry, including each number, and the purport of the whole pleadings).

2. Determination on the plaintiffs' claims

(a) The amount of statutory reserve of inheritance calculated shall be calculated by adding the value of the property donated by the decedent to the whole value of the property held at the time of the commencement of the inheritance, and determine the amount of property which serves as the basis for calculating statutory reserve of inheritance by deducting the total amount of debts borne by the decedent

The amount of the legal reserve of inheritance shall be calculated by multiplying the amount of the property by the ratio of the legal reserve of inheritance prescribed in Article 1112 of the Civil Code, and when the person with the legal reserve of inheritance gets special profits, the amount shall be deducted.

The shortage in the amount of the legal reserve of inheritance shall be calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance, if there is an inheritance obligation to be borne by the person with the right to the legal reserve of inheritance.

If this is indicated in the calculation formula, it shall be as follows:

Shortage in legal reserve of inheritance = Legal reserve of inheritance.

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